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… May 3, 2018 – Decided May 14, 2018 Before Judges Haas and Gooden Brown. On appeal from Superior Court of New … she swerved across a double yellow center line into the oncoming traffic and crashed head-on into the victim's Toyota … "Consequently, on such matters an appellate court is free to substitute its independent judgment for that of the …
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… Submitted March 14, 2017 – Decided Before Judges Fisher and Leone (Judge Fisher concurring). On appeal from Superior … supra, 221 N.J. at 57-59. A. Plaintiff argued Bergman committed legal malpractice in valuing the case at $200,000. … agreement, defendant was negligent in failing to take his free spin and proceed to a final disposition of the trial …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-0142-15T1 JOHN DOE and JANE DOE, Plaintiffs-Appellants/ Cross-Respondents, v. … because he began to drive and could spend his time more freely. Doe graduated high school, went to college, and … you know, the jury could have not accepted some of those points you raised that Dr. Dragan may have agreed with, …
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… May 30, 2017 — Decided July 11, 2017 Before Judges Nugent and Geiger. On appeal from Superior Court of New Jersey, Law … reason, we affirm the summary judgment order. Plaintiff commenced this action by filing a complaint in February … to meet its statutory requirements to keep its workplace free from dangers. The expert further opined the "system" …
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… Argued November 13, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior Court of New Jersey, … of CDS as charged in count five. The State agreed to recommend an eight-year custodial sentence and forty-one-month … recommendation to the court, which the court [is] free to accept or reject"). The court erred in concluding it …
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… LARRY PRICE, Plaintiff-Appellant, v. OZ HOLDINGS, LLC and UNION CITY ZONING BOARD OF ADJUSTMENT, … Law Division's February 23, 2018 judgment dismissing his complaint in lieu of prerogative writs, which was entered … only with great frugality and in none but a clear case free of doubt"). Judgment vacated. The matter is remanded to …
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… May 17, 2017 – Decided July 17, 2017 Before Judges Carroll and Farrington. On appeal from the Superior Court of New … arguments for our consideration: POINT I THE MOTION COURT COMMITTED REVERSIBLE ERROR IN DENYING [DEFENDANT'S] MOTION … Violated [Defendant's] Constitutional [sic] Right to Be Free of Unreasonable Searches and Seizures. (i) The Officers …
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… OF THE ADOPTION OF THE TOWNSHIP OF MONROE HOUSING ELEMENT AND FAIR SHARE PLAN AND IMPLEMENTING ORDINANCES. Argued … Group, a consortium of approximately 270 municipalities combined with thirty-five other individual municipalities … some weight. See LaPorta v. Gloucester Cty. Bd. of Chosen Freeholders, 340 N.J. Super. 254, 262 (App. Div. 2001). A …
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… May 9, 2022 – Decided July 5, 2022 Before Judges Rothstadt and Natali. On appeal from the Superior Court of New Jersey, … of relief under Rule 4:50-1(a), but remand[ed] for a more complete statement of reasons from the motion judge about … rulings and orders of the Appellate Division; they are not free to disregard them." Ibid. (citing Kosmin v. N.J. State …
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… 12, 2022 – Decided May 4, 2022 Before Judges Gooden Brown and Gummer. On appeal from the Superior Court of New Jersey, … separation agreement (PSA). Plaintiff Donna Ohlson moved to compel defendant to sign over to her his ownership interest … 1. [Plaintiff] hereby agrees to save and hold [defendant] free and harmless and indemnified against all debts, …
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… NO. A-3447-19 JAMES O. WELCH, THE ROBERT J. DWYER TRUST and S. ALEXANDER and JESSICA HAVERSTICK, Plaintiffs, and … Epstein Ostrove, LLC and Philip Pfeffer (Herbert Smith Freehills New York, LLP), attorneys for appellant (Elliot D. … 604 (1985), and they've offered nothing to persuade us to revisit our analysis. Welch, slip op. at 18. This matter does …
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… September 29, 2020 – Decided Before Judges Messano, Hoffman and Suter. On appeal from the Superior Court of New Jersey, … Division order dismissing with prejudice his second amended complaint. Moss sought to enjoin defendant New Jersey … agency to perform a duty [that] is ministerial and wholly free from doubt or to compel the exercise of discretion, but …
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… MYCWHOME, LLC, Plaintiff-Respondent, v. SHINIKEQUA WHITE and JONATHAN WHITE, Defendants-Appellants. … or availability of material[,] whichever is later" to complete the project, the forty-five day timeframe was a … plaintiffs performed various services for defendants free of charge. Additionally, only the final inspection was …
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… NORTH BERGEN, HUDSON COUNTY, GEORGE SOLTER, Superintendent, and STEVEN SOMICK, Business Administrator, … Judges Rothstadt and Natali. On appeal from the New Jersey Commissioner of Education, Docket No. 19-1/17. Casey R. … was not satisfactory, Vincent or anyone on his behalf was free to file a timely petition for relief. No action was …
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… — Decided October 19, 2020 Before Judges Yannotti, Mawla, and Natali. On appeal from the Superior Court of New Jersey, … K. Beaver argued the cause for appellant (Ulrichsen Rosen & Freed LLC, attorneys; Derek M. Freed, of counsel and on the … were married for twenty-nine years. Plaintiff filed a complaint for divorce in 2000, and on June 13, 2002, the …
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… 26, 2021 – Decided May 17, 2021 Before Judges Sabatino and Gooden Brown. On appeal from the Superior Court of New … Although coffee shops are allowed in the pertinent Community Commercial ("CC") zone in Medford, the zoning … and the issuance of a new resolution. Either party is free to adduce further relevant evidence on the traffic …
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… November 26, 2018 – Decided Before Judges Sabatino, Sumners and Mitterhoff. On appeal from Superior Court of New Jersey, … Jury Charges state, the summations of counsel do not comprise evidence. The propriety of granting such a playback … objective that the guilty be convicted and the innocent go free. In a criminal trial, which is in the end basically a …
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… INDUSTRIAL SERVICES, LLC, Plaintiff-Appellant, v. CENTURION COMPANIES, INC., and BONDEX INSURANCE COMPANY, Defendants-Respondents. … to vindicate their statutory rights. Courts are simply not free to ignore the clear intent of the Legislature by …
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… November 12, 2020 – Decided Before Judges Fuentes, Rose and Firko. On appeal from the Superior Court of New Jersey, … shall be tax deductible to [defendant] and taxable income to [plaintiff]." Prior to the divorce, defendant was … to our analysis. 3 A-0600-19T2 remain defendant's asset free of any equitable distribution claim by plaintiff , and …
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… It has been neither reviewed nor approved by the Court and may not summarize all portions of the opinion. Keith … it ever intended to pertain to unpaid benefits. The estate points out that, whereas a retirant is permitted to … N.J.S.A. 43:16A-12.1 makes clear that a PFRS member is not free to designate any beneficiary he or she so chooses.” …